APPELLATE COURT OPINIONS

Mother and Father appeal the termination of their parental rights to their three children.
The trial court found, relying on the doctrine of res judicata, that the ground of severe child
abuse supported termination and concluded that termination of Mother’s and Father’s
parental rights is in the children’s best interests. Mother and Father challenge the trial
court’s determination that the best interest factors support termination. We affirm the
judgment of the trial court terminating Mother’s and Father’s parental rights.

A Franklin County jury1 convicted Robert J. Whittenburg, Defendant, of two counts of first degree premeditated murder. After a sentencing hearing, the trial court imposed two consecutive life sentences. On appeal, Defendant argues: (1) the State did not present sufficient evidence of premeditation; (2) the trial court improperly denied Defendant’s request for a special jury instruction on premeditation; (3) the trial court improperly addressed concerns about irregularities during jury deliberations; and (4) the trial court impaired the jury when it briefly prohibited smoke breaks and then changed its mind. After review, we affirm the judgments of the trial court but remand the case for resolution of procedural issues related to the change of venue and entry of revised judgments.

This is an appeal from a final order entered on March 17, 2023. The notice of appeal was
not filed with the Appellate Court Clerk until June 5, 2023, more than thirty days from the
date of entry of the order from which the appellant is seeking to appeal. Because the notice
of appeal was not timely filed, we have no jurisdiction to consider this appeal.

The Petitioner, Ray L. Morehead, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel and that his guilty pleas were unknowing, unintelligent, and involuntary.  Based on our review, we affirm the judgment of the post-conviction court denying the petition. 

Defendant, Timothy Alan Stephenson, was indicted by the Knox County Grand Jury for
(1) possession of 0.5 grams or more of cocaine with intent to sell or deliver; (2) possession
of a firearm during the commission of a dangerous felony; (3) possession of a firearm after
having been convicted of a violent felony; and (4) possession of a firearm by a convicted
felon. He pled guilty to counts one and three of the indictment and agreed to concurrent
ten-year sentences with the trial court to determine the manner of service. Counts two and
four were dismissed pursuant to the agreement. The trial court sentenced Defendant to
serve the ten-year concurrent sentences in confinement. Defendant appeals, arguing that
the trial court abused its discretion in denying probation. Following our review of the
record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial
court but remand for entry of judgment forms for the counts dismissed pursuant to the plea
agreement.

Defendant, Jerome Nchiyako Dooley, appeals the Knox County Criminal Court’s partial
revocation of his probation. He argues on appeal that: (1) the trial court revoked
Defendant’s probation on grounds not alleged in the warrant, in violation of due process;
(2) the State failed to prove that Defendant violated the terms of his probation; and (3) the
trial court violated Defendant’s due process rights by failing to act as a neutral and detached
magistrate. After review, we affirm the judgment of the trial court.

In denying appellees’ motion to remove an estate’s personal representative, the trial court
adopted appellees’ proposed findings of fact verbatim and proposed conclusions of law “to
the degree they [were] not in conflict with [the] court’s order.” The proposed findings and
conclusions were signed by the trial court judge and attached to the order. Because we
cannot ascertain whether the trial court’s order represents its independent judgment, we
vacate the order of the trial court and remand for the entry of an order that reflects that it is
the product of the trial court’s individualized decision-making and independent judgment.

In this will contest initiated by four of the testator's grandchildren, the trial court determined that the execution of the testator's will met the statutory requirements for admitting the will to probate and, accordingly, dismissed the will contest. The grandchildren-contestants appealed. We affirm.

A Shelby County jury convicted the Petitioner, Dariun Bailey, of second-degree murder,
aggravated assault, and reckless endangerment, and the trial court sentenced him to twentytwo
years of incarceration. State v. Bailey, No. W2015-00542-CCA-R3-CD, 2016 WL
3645141, at *1 (Tenn. Crim. App. June 29, 2016), perm. app. denied (Tenn. Oct. 20, 2016).
This Court affirmed his convictions on appeal. The Petitioner filed a timely petition for
post-conviction relief in which he alleged, as relevant to this appeal, that his trial counsel:
failed to adequately review and inspect discovery, coerced the Petitioner into testifying,
and failed to adequately meet with the Petitioner to review the evidence and prepare him
for trial. The post-conviction court dismissed the petition after a hearing. After review,
we affirm the post-conviction court’s judgment.

A limited liability company filed suit in relation to a piece of real property for which the company had executed an agreement to purchase. Although closing did not occur by the time stated in the executed agreement, the trial court ultimately held that the opposing side in this case was estopped from denying that the contract had been extended. Discerning no error, we affirm.

The defendant, Cantrell Devon Hodges, pleaded guilty to two counts of possession of a
firearm after having been convicted of a felony drug offense, two counts of possession of
marijuana with intent to sell or deliver, and one count of possession of drug paraphernalia
after the trial court denied his motion to suppress evidence recovered from his home. As
part of his plea agreement, he reserved a certified question of law for appeal, challenging
the denial of his motion to suppress. Because the certified question is not dispositive of the
case as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A), we dismiss the
appeal.

This is a termination of parental rights case. Appellant/Mother appeals the termination of her parental rights to the three minor children on the ground of severe child abuse and on the trial court’s finding that termination of her rights is in the children’s best interests. Discerning no error, we affirm.

In this real property dispute, the trial court rejected the plaintiffs’ assertions that they were
entitled to an easement over the land of the defendant. Among other things, the trial court held that an easement was not essential to the beneficial enjoyment of the plaintiffs’ land. Although the plaintiffs now appeal, we decline to address their arguments due to their noncompliance with applicable briefing requirements and therefore dismiss the appeal.

In this child custody case, the record transmitted on appeal creates significant doubt as to whether the trial court’s final order represents its own deliberations and decision. Due to this concern, and because the judge who previously presided over this case has since retired from the bench, we vacate the appealed judgment and remand for a new trial.

In 2022, the Defendant, Stasey Tyrome Gregory, Jr., pleaded guilty to six counts of methamphetamine related charges, and the trial court sentenced the Defendant to an effective sentence of fifteen years of incarceration. On appeal, the Defendant asserts that the trial court erred when it sentenced him. After review, we affirm the trial court’s judgments.

The plaintiff filed a complaint against two parties in general sessions court. One defendant
was served, but the other was not. Judgment was entered against the served defendant.
Seven months later, the claim against the unserved defendant was voluntarily dismissed.
The served defendant then appealed, but the circuit court dismissed the appeal as untimely.
Because a final, appealable judgment in the general sessions court was not entered until
the claim against the unserved defendant was voluntarily dismissed, we conclude that the
served defendant’s appeal was timely. Reversed and remanded.

This is a negligence and premises liability action. One of the defendants, Appellee property
owner, filed a motion for summary judgment three days after answering and before any
discovery was scheduled or conducted. Appellant filed motions for permission to amend
his complaint and for additional time to conduct discovery pursuant to Tennessee Rule of
Civil Procedure 56.07. The trial court denied Appellant’s motion for additional time,
reserved his motion to amend his complaint, and heard Appellee’s motion for summary
judgment. The trial court granted Appellee’s motion for summary judgment, dismissed
Appellant’s claims “with prejudice,” and explicitly reserved its judgment pending
adjudication of Appellant’s pending motion for permission to amend. The trial court
subsequently determined it did not have jurisdiction to adjudicate Appellant’s motion to
amend and instructed Appellant to file a Tennessee Rule of Civil Procedure 60 motion to
set aside the judgment. The trial court denied Appellant’s Rule 60 motion and motion to
amend and certified its order awarding summary judgment to Appellee as final pursuant to
Tennessee Rule of Civil Procedure 54.02. We vacate the award of summary judgment to
Appellee and remand for further proceedings.

The defendant, Lemonderius Antwan Goodner, was convicted by a Davidson County Criminal Court jury of premeditated first-degree murder, felony murder, and attempted especially aggravated robbery, for which he received an effective sentence of life imprisonment plus ten years. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Appellant appeals the dismissal of his claims related to foreclosed property, asserting that
he was the true, legal, and lawful owner of the property. Because of serious deficiencies in
Appellant’s brief, we conclude that Appellant has waived his issues on appeal. The trial
court’s judgment is therefore affirmed.

The petitioner, Crystal Gregoire, appeals from the Circuit Court of Lawrence County’s dismissal of her petition for post-conviction relief. Following review, we affirm the judgment of the post-conviction court.

The notice of appeal filed by the Appellant, Myan Joy Spear, stated that the Appellant was appealing the judgment entered on February 15, 2023. As the orders appealed from do not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal.

At issue in this appeal is the classification and division of marital property from a nearly
22-year marriage. The trial court divided the marital property 50/50. The husband appeals. We modify the trial court’s judgment to divide the marital property 75% to the husband and 25% to the wife. In all other respects, the judgment is affirmed.

The petitioner, Shawn Rafael Bough, appeals the Knox County Criminal Court’s summary
denial of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of
Criminal Procedure 36.1. Discerning no error, we affirm.

Petitioner/Appellee Matthew Long (“Long”) applied for disability pension benefits due to Post-Traumatic Stress Disorder (“PTSD”) caused by various traumatic events he experienced during his time as a firefighter with the Chattanooga Fire Department (“CFD”). The Board of Trustees (the “Board”) for Respondent/Appellant Chattanooga Fire and Police Pension Fund (the “Fund”) denied Long’s application. Long filed a Petition for Writ of Certiorari with the Chancery Court for Hamilton County (the “trial court”) seeking a reversal of the Board’s decision. Finding that the Board’s decision was arbitrary and capricious, the trial court reversed the denial of Long’s application. The trial court also denied a motion to alter or amend filed by the Fund. Following thorough review, we affirm the judgment of the trial court.

Michael Lee Woods, Jr., Defendant, was convicted by a jury of two counts of first degree murder, one count of felony murder, one count of attempted first degree murder, one count of employing a firearm during the commission of a dangerous felony, and one count of possession of a firearm after having been convicted of a felony drug offense. The convictions stemmed from an incident that left two people dead and one person paralyzed. Defendant was sentenced to an effective sentence of two consecutive life sentences plus 10 years. Following the denial of a motion for new trial, Defendant appealed, challenging: (1) the trial court’s decision to permit the State to introduce evidence of Defendant’s involvement in two unrelated shootings in violation of Tennessee Rule of Evidence 404(b); (2) the trial court’s decision to permit the State to introduce a video clip in which Defendant is seen brandishing a gun; (3) the sufficiency of the evidence with respect to the convictions for first degree murder, felony murder and attempted first degree murder; and (4) his sentence. Defendant also alleges that cumulative errors during the trial entitle him to reversal of the convictions. Because trial counsel failed to object to the introduction of evidence about the two unrelated shootings as well as the video clip of Defendant brandishing a gun and Defendant failed to establish all five factors necessary for plain error review, he is not entitled to relief on those issues. Moreover, we determine that the evidence was sufficient to support the convictions and that the trial court did not abuse its discretion in sentencing Defendant. Consequently, the judgments of the trial court are affirmed. However, we remand the matter to the trial court for correction of the judgment form in Count 5 to reflect that the sentence runs consecutively to Counts 1, 2, and 4.